Litteral v. Commonwealth

OPINION

ACREE, Judge.

Melvin Litteral, who entered a conditional guilty plea to the charge of driving under the influence of alcohol, appeals from an order of the Fayette Circuit Court affirming the district court’s denial of a motion to suppress his breathalyzer test results. Litteral contends that the test results should have been thrown out because the test was administered after he was denied the right of private consultation with his attorney as authorized by Kentucky Revised Statute (KRS) 189A. 105(3) and Kentucky Rules of Criminal procedure (RCr) 2.14. We disagree.

Our review of a…